Saffold v. State
938 N.E.2d 837
Ind. Ct. App.2010Background
- Saffold was pulled over for seven mph over the speed limit and a gun question was asked; he denied having a weapon.
- Saffold leaned toward the floorboard, leading an officer to remove him from the car, handcuff him, and conduct a pat-down.
- A magazine with live ammo was found on Saffold, then more ammunition in the vehicle; a gun was later found in Saffold's waistband.
- Saffold was charged with carrying a handgun without a license; he moved to suppress the searches, but the court denied the motion and convicted him.
- On appeal, Saffold challenges the second pat-down as illegal; the court analyzes admissibility under Fourth Amendment and Article 1, Section 11, and ultimately affirms the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the second pat-down search lawful under Terry v. Ohio? | Saffold argues no dangerousness existed. | The state asserts officer safety justified the search. | Yes; second pat-down permissible for officer safety. |
| Is the search reasonable under Indiana Constitution Article 1, Section 11? | Saffold maintains the search was unreasonable. | The state contends totality of circumstances supports reasonableness. | Yes; under totality of circumstances, including safety concerns, reasonable. |
| Did discovery of ammunition alone create reasonable suspicion of crime to justify further searches? | Ammunition possession is legal and does not show crime; cannot justify more searches. | Ammunition raised safety concerns that could justify additional searches. | No; ammunition alone does not create reasonable suspicion; second pat-down still justified by safety. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (limits on searches for weapons when danger is reasonably suspected)
- Mitchell v. State, 745 N.E.2d 775 (Ind. 2001) (Indiana case on Article 1, Section 11 reasonableness under totality of circumstances; officer safety considered)
- State v. Bulington, 802 N.E.2d 435 (Ind. 2004) (discusses reasonable suspicion in context of legally possessed precursor items)
- Arizona v. Gant, 556 U.S. _, 129 S. Ct. 1710 (U.S. 2009) (limits on vehicle searches incident to arrest; officer safety considerations noted)